Library lawsuit has been settled, attorney says

Published: Tuesday, April 27, 2010 at 11:10 a.m.

Last Modified: Tuesday, April 27, 2010 at 11:10 a.m.

THIBODAUX — A 2-year-old lawsuit involving a man who claims he was illegally banned from a local library three years ago is close to a settlement, officials said.

On the agenda for tonight’s Lafourche Parish Council meeting is a resolution that, if passed, will allow Thibodaux attorney Michael Gee to settle the case for an undisclosed amount of money.

The resolution comes nearly a month after the council met in secret to discuss the lawsuit but decided against taking action.

J. Courtney Wilson, attorney for Colonel Fazzio, said the lawsuit has been settled, although he would not specify the details. A motion was filed Monday in federal court in New Orleans to dismiss the case, saying both parties “have firmly agreed upon a compromise.”

Parish President Charlotte Randolph said she hasn’t signed anything so the settlement isn’t official.

Fazzio refused to comment.

According to legal documents filed March 19, 2008, Fazzio and his mother Mildred, attempted to enter the Bayou Blue branch library on May 18, 2007, when they were denied access by the librarian, Felicia Denning.

On the instructions of Beverly Arabie, library director at the time, the Fazzios were banned because “he had civil litigation against the Lafourche library system,” the lawsuit says.

The litigation cited was a separate lawsuit that Fazzio’s mother allegedly threatened to file after she injured her hand on the women’s bathroom door at the Bayou Blue branch late in 2006. Fazzio’s mother talked about suing, he said, at the doctor’s office where they sought medical treatment, though it’s unclear whether the lawsuit was ever filed. A member of Arabie’s family works at the doctor’s office, overheard the comment and repeated it to Arabie, court documents state.

The Fazzios were then told that unless they left, police would be called and he would be arrested, a complaint filed by Wilson said.

Court documents said Fazzio, who is disabled, had used the library as a research resource to supplement his disability payment. Being unable to enter the library has caused him to suffer a loss of income, the papers said.

Documents also said that after the media reported his banishment from the library, Fazzio has not been hired by attorneys who formerly employed him, nor by school systems who used to hire him as a substitute.

The Fazzios were seeking compensation for lost income as well as damages for emotional distress.

The Parish Council will vote on the settlement at 5 p.m. today at the Mathews Government Complex, 4876 La. 1.

Staff Writer Lloyd Nelson can be reached at 448-7639 or lloyd.nelson@dailycomet.com. Follow him on Twitter @GovReporter.

<p>THIBODAUX — A 2-year-old lawsuit involving a man who claims he was illegally banned from a local library three years ago is close to a settlement, officials said.</p><p>On the agenda for tonight's Lafourche Parish Council meeting is a resolution that, if passed, will allow Thibodaux attorney Michael Gee to settle the case for an undisclosed amount of money.</p><p>The resolution comes nearly a month after the council met in secret to discuss the lawsuit but decided against taking action. </p><p>J. Courtney Wilson, attorney for Colonel Fazzio, said the lawsuit has been settled, although he would not specify the details. A motion was filed Monday in federal court in New Orleans to dismiss the case, saying both parties “have firmly agreed upon a compromise.”</p><p>Parish President Charlotte Randolph said she hasn't signed anything so the settlement isn't official.</p><p>Fazzio refused to comment.</p><p>According to legal documents filed March 19, 2008, Fazzio and his mother Mildred, attempted to enter the Bayou Blue branch library on May 18, 2007, when they were denied access by the librarian, Felicia Denning.</p><p>On the instructions of Beverly Arabie, library director at the time, the Fazzios were banned because “he had civil litigation against the Lafourche library system,” the lawsuit says.</p><p>The litigation cited was a separate lawsuit that Fazzio's mother allegedly threatened to file after she injured her hand on the women's bathroom door at the Bayou Blue branch late in 2006. Fazzio's mother talked about suing, he said, at the doctor's office where they sought medical treatment, though it's unclear whether the lawsuit was ever filed. A member of Arabie's family works at the doctor's office, overheard the comment and repeated it to Arabie, court documents state.</p><p>The Fazzios were then told that unless they left, police would be called and he would be arrested, a complaint filed by Wilson said.</p><p>Court documents said Fazzio, who is disabled, had used the library as a research resource to supplement his disability payment. Being unable to enter the library has caused him to suffer a loss of income, the papers said.</p><p>Documents also said that after the media reported his banishment from the library, Fazzio has not been hired by attorneys who formerly employed him, nor by school systems who used to hire him as a substitute.</p><p>The Fazzios were seeking compensation for lost income as well as damages for emotional distress.</p><p>The Parish Council will vote on the settlement at 5 p.m. today at the Mathews Government Complex, 4876 La. 1.</p><p>Staff Writer Lloyd Nelson can be reached at 448-7639 or lloyd.nelson@dailycomet.com. Follow him on Twitter @GovReporter.</p>